This is the first step in the legal action we are taking against EDC over their ‘woeful and unlawful’ Beacon Villages Consultation.
This note explains what we are doing. Below that you will find the actual letter that has been sent. It is the response we sent to the BBC when they asked us questions about what we are doing:
We are sending EDC a letter known as a pre action protocol letter ( PAP )
A PAP aims to avoid unnecessary use of litigation and proposes the use of Alternative Dispute Resolution. The Protocol sets out steps to typically follow, it recommends that in good time before making the claim, the claimant should notify the defendant, by letter, of their intention to litigate. The defendant should reply within 14 days and the letter may work to determine whether the issues in dispute can be narrowed or litigation can be avoided. If a resolution cannot be met through outside of Court the claimant may then issue a claim for Judicial Review.
In a nutshell if we do not get satisfactory answers to our demands, we are highly likely to proceed with an application for a Judicial Review of the process by which specificdecisions were taken by EDC in relation to the Masterplan. Continue reading “PRE ACTION PROTOCOL LETTER ISSUED BY OUR SOLICITORS TO EDC”
Press Release: October 19TH 2018
A Tactical Retreat by Eden District Council or Victory for Keep Penrith Special (KPS)?
With the announcement this week by the Lowther Estates and Eden District Council that the Beacon development part (only) of the Masterplan has been withdrawn and as predicted by KPS. We are about to enter the most dangerous phase of our campaign against the woeful Masterplan.
It must be made absolutely clear the Masterplan is still happening, the consultation is still taking place, and people only have until Friday 2nd November to voice and action their concerns by signing the KPS campaign petition and returning the pre-paid postcard that every household in the CA10 & CA11 postcodes will receive from Monday 22nd October onwards.
It seems the people of Eden may have won. But we at KPS don’t think the campaign is won. We have read the small print. Continue reading “KPS Press Release 20/10/18: The Masterplan is still happening.”
KPS obtained a Legal Opinion from a Leading Planning Barrister Zack Simons of Landmark Chambers London about the legality of EDC’s Beacon Villages Consultation. It is reported in the Herald. People have asked us to publish the full Legal Opinion. Here it is, it is well written,simple and clear. Click link to read the full legal opinion here. Penrith Masterplan. ZS advice We have sent an email to all the Councillors on EDC asking them to call an Extraordinary Meeting of the Council to vote on withdrawing this unlawful consultation.
We hope, that EDC will now decide to abandon their legally flawed consultation. In the meantime please keep saying NO to the proposed Beacon Developments by signing our 38degrees petition and sharing this link with friends.